Abstract

https://ssrn.com/abstract=2509443
 


 



Originalism and Same Sex Marriage


Steven G. Calabresi


Northwestern University - Pritzker School of Law

Hannah M. Begley


Brown University, Students

October 13, 2014

Northwestern Public Law Research Paper No. 14-51

Abstract:     
This essay examines the original meaning of the equality guarantee in American constitutional law. It looks are the seventeenth, eighteenth, and nineteenth century roots of the modern doctrine, and it concludes that the Fourteenth Amendment bans the Hindu Caste system, European feudalism, the Black Codes, the Jim Crow laws, and the common law's denial to women of equal civil rights to those held by men. It then considers the constitutionality of bans on same sex marriage from an Originalist perspective, and it concludes that State laws banning same sex marriage violate the Fourteenth Amendment.

Number of Pages in PDF File: 27

Keywords: Gay rights, Constitutional law, Fourteenth Amendment, Marriage law, Right to Privacy, Equal Protection Doctrine

JEL Classification: K10, K19


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Date posted: October 14, 2014 ; Last revised: February 25, 2015

Suggested Citation

Calabresi, Steven G. and Begley, Hannah M., Originalism and Same Sex Marriage (October 13, 2014). Northwestern Public Law Research Paper No. 14-51. Available at SSRN: https://ssrn.com/abstract=2509443 or http://dx.doi.org/10.2139/ssrn.2509443

Contact Information

Steven G. Calabresi (Contact Author)
Northwestern University - Pritzker School of Law ( email )
375 E. Chicago Ave
Chicago, IL 60611
United States

Hannah M. Begley
Brown University, Students ( email )
Providence, RI 02912
United States
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